Maher v. Potter
New York Supreme Court
Action by Edward A. Maher against Oswald W. Potter. Demurrer to defense sustained, with leave to amend.
1Opinion of the CourtMiles, J.
This is an action of false -imprisonment.. The amended answer consists of two parts; the first containing denials of various allegations of the complaint, and the second containing various allegations as a “second separate and distinct defense.” The plaintiff has demurred to such defense upon the ground “that the same is insufficient in law upon the face thereof,” and the issues of law presented by the demurrer are now brought to hearing and trial.
It is well settled that when a magistrate, such as a justice of the peace, having criminal jurisdiction as provided by statute, upon a complaint or…
2Cases cited6 opinions
- People Ex Rel. Perkins v. . MossNew York Court of Appeals · 1907
- Staten Island Midland Railroad v. HinchliffeNew York Court of Appeals · 1902
- McKelvey v. MarshAppellate Division of the Supreme Court of the State of New York · 1901
- McCarg v. . BurrNew York Court of Appeals · 1906
- Frank v. MillerAppellate Division of the Supreme Court of the State of New York · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State Ex Rel. Clark v. LibbertIndiana Court of Appeals · 1931
- Blancett v. WimberleyAlabama Court of Appeals · 1918
- Steele v. RauchfussNew York Supreme Court · 1916